Transfer of beneficiary interest for value (11604.5): file agreement and declaration, serve notice of assignment (30 days after execution)

30 days after date the written agreement was executed (administration already commenced), under Cal. Prob. Code 11604.5(d)(1), (4), (5).

Rule text

(d) A written agreement is effective only if all of the following conditions are met: (1) The executed written agreement is filed with the court not later than 30 days following the date of its execution or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. ... (4) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and the declaration or affidavit is filed with the court within 30 days of execution of the written agreement or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. (5) Notice of the assignment is served on the personal representative or the attorney of record for the personal representative within 30 days of execution of the written agreement or, if general or special letters of administration or letters testamentary have not been issued, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days before the hearing on the petition for final distribution.

Cal. Prob. Code 11604.5(d)(1), (4), (5), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the written agreement was executed (administration already commenced)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Prob. Code 11604.5(d)(1), (4), (5)
(d) A written agreement is effective only if all of the following conditions are met: (1) The executed written agreement is filed with the court not later than 30 days following the date of its execution or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. ... (4) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and the declaration or affidavit is filed with the court within 30 days of execution of the written agreement or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. (5) Notice of the assignment is served on the personal representative or the attorney of record for the personal representative within 30 days of execution of the written agreement or, if general or special letters of administration or letters testamentary have not been issued, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days before the hearing on the petition for final distribution.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."
Official source
  • Applies to professional 'transferees for value' who buy a beneficiary's interest (11604.5(a)-(c)); not to heir finders paid only for locating services ((c)(4)). Three acts share these deadlines: file the redacted agreement ((d)(1)), file the transferee's declaration ((d)(4)), and serve notice of the assignment on the personal representative or its attorney ((d)(5)). Agreement is ineffective if any condition is missed. The 15-days-before-distribution-hearing limit applies in all cases; use the EARLIER of the applicable 30-day date and that date. Amended by Stats. 2022, ch. 452 (SB 1498).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the written agreement was executed (administration already commenced) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the written agreement was executed (administration already commenced)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Applies to professional 'transferees for value' who buy a beneficiary's interest (11604.5(a)-(c)); not to heir finders paid only for locating services ((c)(4)). Three acts share these deadlines: file the redacted agreement ((d)(1)), file the transferee's declaration ((d)(4)), and serve notice of the assignment on the personal representative or its attorney ((d)(5)). Agreement is ineffective if any condition is missed. The 15-days-before-distribution-hearing limit applies in all cases; use the EARLIER of the applicable 30-day date and that date. Amended by Stats. 2022, ch. 452 (SB 1498).

Related deadlines

All California probate deadlines

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Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.